FOURTH
JUDICIAL DISTRICT COURT
COUNTY
OF SAN MIGUEL
STATE
OF NEW MEXICO
METRIS
COMPANIES LLP (Auto add
Plaintiff in Error,
v.
Case No.
2003-188-CV
MARGARET
EDWARDS,
Defendant in Error.
NOTICE OF
DISQUALIFICATION
COMES
NOW Margaret Edwards, Defendant in Error, and gives Notice to the Court of
Disqualification of Jay G. Harris as presiding judge for this case for the
following reasons:
1.
Edwards was Foreman of the Grand Jury for San Miguel County in the spring
of 2001. During her tenure as
Foreman, Edwards and other members of the Grand Jury became aware of fraud,
possible crimes and questionable practices on the part of those assigned the
court duties, the Office of District Attorney, attorneys within that office, and
the police. To address the serious
concerns of the Grand Jury members, Edwards, as Foreman, reported the
wrongdoing, in writing, and/or in person, to:
(1) Mary
Helen Wickert, Assistant District Attorney, (2) Joe Ulibarri, Chief
Deputy District Attorney, (3) Judges of the Fourth Judicial District, including
Jay Harris, (4) Matt Sandoval, District Attorney, (5) Patricia Madrid, Attorney
General, (6) Gary Johnson, Governor.
2.
All the public officers listed above were lawfully notified and had a
responsibility, pursuant to their oaths, and to their responsibility to
faithfully discharge their duties, to respond to notification from the Foreman
of the Grand Jury. Yet, in defiance
of their duties, none of those notified responded to the subject matter of the
letters nor took any direct, viable action to stop, correct or report the
wrongdoing, in dereliction of their duties, and in creation of possible state
liability to those persons indicted, prosecuted and imprisoned under such
conditions, who were wronged by the frauds.
3. The only “response” Edwards, as Foreman, received to her
letters of notification was the cancellation of all remaining Grand Jury
sessions which should have been held while Edwards was Foreman, even though the
Grand Jurors had been previously apprised by various Assistant District
Attorneys of the heavy case load to be heard during their time of service.
Harris, having been notified of wrongdoing, and being presumably aware of
the need for ongoing Grand Jury sessions, could have initiated correction of the
wrongdoing and intervened to continue the remaining Grand Jury sessions.
He did not.
4. Because Harris failed to respond to Edwards’ notification
and took no action to correct the anomalies or to continue the Grand Jury
sessions, he perjured his oath and violated the Public Trust. By his own actions, Harris has demonstrated that he is
untrustworthy and is unlikely to faithfully perform his duties.
5. In an action before Harris, captioned Cochrum v. Rhymes, Case No. 2002-109-CV, Harris perjured his oath,
violated the Public Trust, violated the Rights of an American Citizen, impaired
the obligations of contract, denied due process of law and denied the power of
both the National and State Constitutions.
Harris’ unlawful actions were observed by approximately 25 witnesses,
including Edwards, and he was also heard to say, in reference to the witnesses,
“There goes a pack of fools.” (See
In Re Charge to Grand Jury, 62 F 828.)
6. Further, in an action before Harris, captioned State
of New Mexico v. Karan Plagge, Case No.
2002-10-LR, Harris, again, perjured
his oath, violated the Public Trust, violated the Rights of an American Citizen
and denied the power of both Constitutions.
Id.
7. Still further, it is likely that Harris does not have a valid
surety bond, for assurance of the faithful performance of his duties, as
required, pursuant to New Mexico Statutes and is, thus, acting without lawful
authority.
Wherefore,
Edwards respectfully gives Notice of Disqualification to this court for the
aforesaid reasons.
Respectfully
submitted,
All Rights
Reserved
________________________________
Margaret D.
Edwards, American Citizen
C/o 739 Dalbey
Drive
Las Vegas, New
Mexico [87701]
Phone/Fax:
(505) 425-0659
CERTIFICATE
OF SERVICE
I certify that on this____ day of January, 2004, a true and exact copy of the aforesaid Notice of Disqualification was sent, first class, postage prepaid, by U.S. Mail to Catherine Sanchez, Esquire, Post Office Box 37290, Albuquerque, New Mexico 87176-7290.
All Rights Reserved
_____________________________
Margaret D. Edwards, American Citizen